Section 0800-02-22-.06 - APPEAL OF A COMPENSATION HEARING ORDER(1) A party or parties may have a transcript of any hearing pertinent to the appeal of a compensation order prepared by a licensed court reporter and filed with the clerk of the court of workers' compensation claims within fifteen (15) calendar days of the filing of the notice of appeal. Alternatively, any party to the appeal may prepare a statement of the evidence summarizing the testimony presented at the hearing and file it within fifteen (15) calendar days of the filing of the notice of appeal. Any other party shall have five (5) business days after the filing of the proposed statement of evidence to file objections, amendments, or an alternative statement of the evidence. (a) The trial judge will resolve any disputes regarding the contents of the statement of the evidence consistent with these rules.(b) A statement of the evidence must be certified by the trial judge as a fair and accurate summary of the testimony presented at the hearing before the record is submitted to the appeals board.(c) If after reasonable efforts to resolve any disputes regarding a statement of the evidence have been made, the trial judge determines it cannot certify a statement of the evidence as fair and accurate, it will direct the trial court clerk to forward the record to the appeals board without a statement of the evidence.(2) The clerk of the workers' compensation appeals board shall docket the appeal upon receipt of the record from the clerk of the court of workers' compensation claims and send a docketing notice to all parties.(3) The appellant shall file a brief within fifteen (15) calendar days after the issuance of the docketing notice with the clerk of the appeals board. The appellee shall have fifteen (15) calendar days after the filing of the appellant's brief or the expiration of the time for the filing of the appellant's brief, whichever is earlier, to file a brief with the clerk of the appeals board. No reply brief shall be filed unless the appellee raises an issue or issues on appeal not previously addressed in the appellant's brief. Under such circumstances, the appellant may file a reply brief within five (5) business days addressing only the issue or issues not previously addressed.(4) Upon the filing of a decision on a compensation appeal, the clerk of the workers' compensation appeals board shall transmit a copy of the decision to the parties by regular or electronic mail and to the clerk of the court of workers' compensation claims. Petitions to rehear or reconsider the decision of the appeals board are disfavored. However, a party may petition the appeals board to rehear or reconsider its decision. Such petitions will be heard consistent with Rule 39 of the Tennessee Rules of Appellate Procedure.Tenn. Comp. R. & Regs. 0800-02-22-.06
Original rules filed July 14, 2020; effective October 12, 2020. Amendments filed September 22, 2023; effective 12/21/2023.Authority: T.C.A. §§ 4-3-1409, 50-6-217, 50-6-225, 50-6-233, and 50-6-237.